City of Brandon: June 16

___ Briefing Meeting ___

______ Minutes ______

The Brandon City Council met in a briefing session at 5:30 p.m. on Thursday, June 3, 2021 at the Council Chambers at 308 S Main Avenue, Brandon, South Dakota.  Present were Dana Clark, Vickie David, Barb Fish, David Kull and Jack Parliament.  Present via conference phone was Mayor Jim Heinitz.  Others present were: City Administrator, Bryan H Read; Finance Officer, Christina Smith; City Engineer, Tami Jansma; Public Works Director, Rollie Hoeke and Park Superintendent, Devin Coughlin.  Absent: Tim Jorgenson.

The Council discussed items on the agenda for the upcoming June 7, 2021 regular Council meeting.  No formal action was taken. 

At 6:07 p.m., hearing no further business, the meeting adjourned.

Christina Smith

Municipal Finance Officer

Jim Heinitz

Mayor

Published once at the approximate cost of $8.90

June 16, 2021

 

_________ Minutes _________

The Brandon City Council met in regular session at 6:00 p.m. on June 7, 2021 in the Council Chambers at 308 S. Main Avenue, Brandon, South Dakota.  Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson, Jack Parliament and Mayor Jim Heinitz.  Others present were:  City Administrator, Bryan Read; Finance Officer, Christina Smith; City Attorney, Lisa Marso; Police Chief, Jamie Steffel; Park Superintendent, Devin Coughlin; Golf Course Manager, Andrew Bauer and Public Works Director, Rollie Hoeke. Absent: Dave Kull.

Alderwoman Clark moved Alderwoman Fish seconded to approve the agenda.  Motion carried.

Alderwoman Fish moved Alderwoman David seconded to approve the minutes of the May 13, 2021 briefing meeting and the minutes of the May 17, 2021 regular meeting.  Motion carried.

Alderman Parliament moved Alderwoman Clark seconded to approve the following claims.  Motion carried.

VENDOR, DESCRIPTION, AMOUNT;

AFLAC, May Premium, 1,176.23; A-1 Septic, Utilities, 300.00; AE2S, Professional Services, 49,207.44; All Star Pro Golf, Inc., GC Resale, 235.40; Alliance Communications, Utilities, 2,671.76; AM & S Trucks, Repairs, 1,083.94; Amanda Putman, Reimbursement, 100.00; Andrew Nygaard, Reimbursement, 625.19; Beal Distributing, Inc., GC Resale, 3,189.00; Beck & Hofer Construction, Inc., Improvements, 90,936.92; Becky Peterson, Refund, 100.00; Bethany Meadows, Refund per agreement, 10,000.00; Border States Electric, Supplies, 355.99; Boyce Law Firm, Professional Services, 6,468.50; Boyer Trucks, Repairs, 3,625.11; Brandon Development Foundation, Fees, 50,000.00; Brandon Valley Media, Publications, 1,391.38; Butler Machinery Company, Supplies, 198.99; BV School District, Fuel, 3,230.62; Callie Cook, Reimbursement, 25.56; Century Business Products, Contract Fees, 1,649.00; Clark Engineering (IMEG Corp), Professional Services, 27,202.75; Coca Cola/Chesterman, GC Resale, 269.74; Coffee Cup, Fuel, 77.01; Core & Main, Supplies, 394.12; Crane Sales & Service, Repairs, 1,803.79; D & K Construction, Repairs, 19,648.00; Dakota Beverage, GC Resale, 1,649.90; Delta Dental, June Premium, 2,907.90; DGR Engineering, Professional Services, 78,224.32; Don Reurink, Reimbursement, 38.13; Erin Bisbee, Reimbursement, 100.00; Fastenal Company, Supplies, 548.45; Ferguson Waterworks, Supplies, 1,007.23; First Dakota Title, Fees, 41,966.78; Fleetpride, Repairs, 45.98; GeoTek Engineering, Professional Services, 9,750.00; Golf Course Supt. Assoc., Dues, 400.00; Hach Company, Supplies, 433.83; Hauff Mid-American Sports, Equipment, 983.30; Hawkins Water Treatment, Chemicals, 6,428.55; HDR Engineering, Professional Services, 36,738.50; Heiman Fire Equipment, Professional Services, 1,758.01; Innovative Office Solutions, Supplies, 38.64; Istate Truck, Inc., Repairs, 69.38; Jack’s Uniforms & Equipment, Supplies, 101.69; Jasper Engineering & Equipment Co., Repairs, 763.47; Johnson Brothers Famous Brands, GC Resale, 3,348.37; KB Sprinklers, Repairs, 180.61; Lacey Rentals, Inc., Rentals, 270.00; Manley Tire & Oil Service, Repairs, 27.13; MC & R Pools, Inc., Supplies, 1,139.50; MED-Star Ambulance, May Contribution, 4,166.67; Michael’s Purple Petunia, Professional Services, 122.50; Midwest Turf & Irrigation, Repairs, 666.97; Minnehaha Community Water Corp, Utilities, 92.00; Modern Woodmen of America, June Premium, 1,732.16; Myrl & Roy’s Paving, Inc., Repairs, 5,036.89; Nexstar Broadcasting, Inc., Publications, 109.00; Northern Plains Plumbing, Refund, 53.00; Northwest Tire, Repairs, 11.83; Oakridge Nursery & Landscaping, Supplies, 1,216.00; Orkin, Professional Services, 120.00; Palisades Oil, Co., Fuel, 4,962.90; Pepsi Cola, GC Resale, 459.69; Performance Press, Supplies, 167.25; Pitney Bowes, Supplies, 56.52; Pitney Bowes, Lease Account, 181.23; Pizza Ranch – East, GC Resale, 90.50; Pro Plumbing, Reimbursement, 61.00; R & L Supply, Repairs, 104.17; Republic National Distributing Company, GC Resale, 311.30; Rural Office of Community Services, Inc., Transit, 17,053.63; Sanitation Products, Inc., Repairs, 54,408.24; SD Dept. of Health, Fees, 195.00; SD One Call, Utilities, 381.99; Sharon Madsen, Reimbursement, 70.00; Sioux Falls Area Humane Society, Professional Services, 645.18; Sioux Falls Networks, Software, 4,729.95; Sioux Falls Rubber Stamp Works, Inc., Supplies, 24.60; Sioux Falls Sprinklers, Repairs, 1,149.08; Sioux Valley Energy, Utilities, 38,127.14; Southeast Area Finance Officers Group, Dues, 30.00; Stacie Aamlid, Reimbursement, 40.00; Staples, Supplies, 239.49; Staples Enterprise, Inc., Fuel, 138.25; Stockwell Engineers, Inc., Professional Services, 14,420.55; Sysco Lincoln, GC Resale, 4,707.72; T I Windows, Inc., Supplies, 120.00; TSP, Inc., Professional Services, 10,351.94; United Laboratories, Supplies, 668.48; Verizon Wireless, Utilities, 491.19; VFW Post – Brandon, Fees, 1,525.00; Wellmark BC/BS, June Premium, 58,812.25; Xcel Energy, Utilities, 2,411.08; Zimco, Supplies, 3,134.00; First National Bank Trust Dept., Golf Course Equipment Loan, 1,124.98; City Administration, May 13, 2021 Payroll, 3,490.84; Finance Office, May 13, 2021 Payroll, 4,334.78; Government Buildings, May 13, 2021 Payroll, 110.82; Engineer, May 13, 2021 Payroll, 2,918.72; Police, May 13, 2021 Payroll, 21,770.40; Building Inspections, May 13, 2021 Payroll, 3,399.80; Street Department, May 13, 2021 Payroll, 5,473.35; Recreation, May 13, 2021 Payroll, 132.06; Park Department, May 13, 2021 Payroll, 5,538.46; Economic Development, May 13, 2021 Payroll, 943.15; Water Department, May 13, 2021 Payroll, 8,600.80; Sewer Department, May 13, 2021 Payroll, 3,097.87; Golf Course Grounds, May 13, 2021 Payroll, 5,682.06; Golf Course Lounge, May 13, 2021 Payroll, 3,511.16; Golf Course Pro Shop, May 13, 2021 Payroll, 3,987.07; Golf Course Community Room, May 13, 2021 Payroll, 951.45; 941 Payroll Taxes, May 13, 2021 Payroll, 22,045.09; Accounts Management, Inc, May 13, 2021 Payroll, 75.00; SDRS Supplemental Retirement, May 13, 2021 Payroll, 750.00; TASC Flex Plan, May 13, 2021 Payroll, 976.87; Direct Pay Reimbursement, May 13, 2021 Payroll, 905.66; City Administration, May 27, 2021 Payroll, 3,490.84; Finance Office, May 27, 2021 Payroll, 4,331.76; Government Buildings, May 27, 2021 Payroll, 110.82; Engineer, May 27, 2021 Payroll, 3,003.60; Police, May 27, 2021 Payroll, 22,249.77; Building Inspections, May 27, 2021 Payroll, 3,385.93; Street Department, May 27, 2021 Payroll, 5,845.01; Recreation, May 27, 2021 Payroll, 57.02; Pool, May 27, 2021 Payroll, 2,207.26; Park Department, May 27, 2021 Payroll, 6,617.23; Economic Development, May 27, 2021 Payroll, 840.21; Water Department, May 27, 2021 Payroll, 9,246.33; Sewer Department, May 27, 2021 Payroll, 3,074.06; Golf Course Grounds, May 27, 2021 Payroll, 8,335.64; Golf Course Lounge, May 27, 2021 Payroll, 5,296.67; Golf Course Pro Shop, May 27, 2021 Payroll, 5,130.67; Golf Course Community Room, May 27, 2021 Payroll, 1,425.17; 941 Payroll Taxes, May 27, 2021 Payroll, 24,384.58; Accounts Management, Inc, May 27, 2021 Payroll, 75.00; SDRS Supplemental Retirement, May 27, 2021 Payroll, 750.00; SD Retirement, May 27, 2021 Payroll, 22,983.76; TASC Flex Plan, May 27, 2021 Payroll, 976.87;

Alderwoman Fish moved Alderwoman Clark seconded to approve the consent calendar which contained the following items: a plat of Lots 4A & 5 Block 2 Corson Development Park Addition; a plat of Tract 1 KB Investments Addition; a plat of Tract 9 Nelson’s Addition; a plat of Lot 1 Block 7 Tallgrass Addition; a plat of Lots 1 & 12 Block 6 Tallgrass Addition and a plat of Lots 1-4 Ode Farm Addition.  Motion carried.

ORDINANCE #630

At 6:05 p.m. Alderman Jorgenson moved Alderwoman Fish seconded to have a joint public hearing with Brandon Planning & Zoning Commission on Ordinance #630 – Medical Cannabis.  At 6:08 p.m. hearing no public comments, Mayor Heinitz declared the public hearing closed.  Commissioner Parsons moved Commissioner Schoeneman seconded to make recommendation of approval of Ordinance #630 to City Council.  Motion carried.

Alderwoman Clark moved Alderwoman David seconded to give first reading to Ordinance #630: TITLE: A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS AND/OR LICENSES.  A roll call vote showed Clark, David, Fish, Jorgenson, Parliament aye.  Motion carried.

ORDINANCE #631

A public hearing was held, as advertised, to consider Ordinance #631.  Alderwoman Clark moved Alderwoman David seconded to give first reading to Ordinance #631: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE TO CLARIFY THE REGULATION OF ACCESS AISLES ASSOCIATED WITH PARKING SPACES AND LOADING AREAS, BY AMENDING CHAPTER 15-14-3, ADDITIONAL USE REGULATIONS, OFF-STREET PARKING.  A roll call vote showed Clark, David, Fish, Jorgenson, Parliament aye.  Motion carried.

ORDINANCE #632

A public hearing was held, as advertised, to consider ordinance #632.  Alderwoman Clark moved Alderwoman David seconded to give first reading to Ordinance #632: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA PROVIDING THAT THE REVISED ZONING ORDINANCE NUMBER 531 AND THE OFFICIAL ZONING MAP OF THE CITY OF BRANDON, SOUTH DAKOTA BE AMENDED TO PROVIDE FOR THE RE-ZONING OF THE FOLLOWING DESCRIBED PROPERTY.  A roll call vote showed Clark, David, Fish, Jorgenson, Parliament aye.  Motion carried.

GOLF COURSE SEASONAL STAFF

The Golf Course Committee report was heard.  Alderwoman Clark moved Alderman Parliament seconded to approve the following seasonal staff for the Golf Course.  Motion carried.

Lounge/Beverage Cart: Callie Cook, $7.60 per hour; Jenny Brunick, $7.60 per hour

Community Room: Jax Nuebel, $9.45 per hour; Ella Kouril, $9.45 per hour

Maintenance: Grant Everson, $10.95 per hour

POOL IMPROVEMENTS PAY APPLICATION

The Parks & Recreation Committee report was heard.  Alderwoman Fish moved Alderman Jorgenson seconded to approve pay application #10 to Beck & Hofer Construction in the amount of $90,936.92 for the pool improvements project.  Motion carried.

POOL EMPLOYEE WAGE ADJUSTMENTS

Alderwoman Fish moved Alderwoman Clark seconded to approve the following pool employee wage adjustments.  Motion carried.

Lifeguard: Riley White, $11.85 per hour; Carmen Moeller, $11.95 per hour;

Cait Jacobson, $11.95 per hour; Atleigh Cody, $11.95 per hour

SEASONAL EMPLOYEES

Alderwoman Fish moved Alderwoman Clark seconded to approve the following seasonal staff for the Parks Department.  Motion carried.

Parks Department: Tyler Waxdahl, $12.30 per hour; Kiara Honken, $11.60 per hour

SALARY REVIEW AND ADJUSTMENT

The Public Safety Committee report was heard.  Alderwoman Clark moved Alderwoman David seconded to approve the annual salary adjustment for Andrew Nygaard, to step 13-3 on the wage scale, $24.06 per hour, effective June 10, 2021.  Motion carried.

SALARY REVIEW AND ADJUSTMENT

Alderwoman Clark moved Alderwoman David seconded to approve the annual salary adjustment for Daniel Francis Jr, to step 13-3 on the wage scale, $24.06 per hour, effective June 10, 2021.  Motion carried.

SALARY REVIEW AND ADJUSTMENT

Alderwoman Clark moved Alderwoman David seconded to approve the annual salary adjustment for Zachery Kieffer, to step 13-3 on the wage scale, $24.06 per hour, effective June 10, 2021.  Motion carried.

SERGEANT VACANCY

Alderwoman Clark moved Alderman Parliament seconded to approve the promotion of Officer Andrew Bakker to Sergeant, to step 16-3 on the wage scale, $29.47 per hour, effective immediately.  Motion carried.

HIRE POLICE OFFICERS

Alderwoman Clark moved Alderwoman David seconded to hire Joseph Reagan and Kevin Krohn for the positions of Police Officer, step 11-1 on the wage scale, $20.33 per hour, effective July 5, 2021.  Motion carried.

TAX ABATEMENT

The Administration Committee report was heard.  Alderwoman Fish moved Alderman Jorgenson seconded to approve the following tax abatement, as presented.  Motion carried.

Abatement Number Parcel ID # 2021-0120 80851

RESOLUTION #11-21

Alderwoman Clark moved Alderwoman David seconded to approve Resolution #11-21.  A roll call vote showed Clark, David, Fish, Jorgenson, Parliament aye.  Motion carried.

RESOLUTION #11-21 AMENDING RESOLUTION #09-21

WHEREAS, the City of Brandon passed Resolution #09-21 on April 19, 2021 authorizing the execution, terms, issuance, sale and payment of Sales Tax Revenue Bonds, Series 2021 (the “Bonds”) in the aggregate principal amount of not to exceed $4,600,000; and

WHEREAS, the City has determined that it would be in the best interests to obtain bond insurance on the Bonds which will result in a lower interest rate the City will pay on the Bonds; and

WHEREAS, the bond insurer requires certain language in the resolution passed authorizing the Bonds.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BRANDON OF MINNEHAHA COUNTY, AS FOLLOWS:

1. Resolution #09-21 shall be amended by adding the following Section 11.

Section 11. Provisions Relating to Municipal Bond Debt Service Reserve Insurance Policy.

With respect to the Municipal Bond Debt Service Reserve Insurance Policy, notwithstanding anything to the contrary set forth in the Authorizing Documents the Issuer agrees to comply with the following provisions:

(a) The Issuer shall repay any draws under the Municipal Bond Debt Service Reserve Insurance Policy (the “Reserve Policy”) and pay all related reasonable expenses incurred by BAM (the “Bond Insurer”). Interest shall accrue and be payable on such draws and expenses from the date of payment by the Bond Insurer at the Late Payment Rate. “Late Payment Rate” means the lesser of (A) the greater of (i) the per annum rate of interest, publicly announced from time to time by JPMorgan Chase Bank at its principal  office in the City of New York, as its prime or base lending rate (“Prime Rate”) (any change in such Prime Rate to be effective on the date such changes are announced by JPMorgan Chase Bank) plus 3%, and (ii) the then applicable highest rate of interest on the Bonds, and (B) the maximum rate permissible under applicable usury or similar laws limiting interest rates. The Late Payment Rate shall be computed on the basis of the actual number of days elapsed over a year of 360 days. In the event JPMorgan Chase Bank ceases to announce its Prime Rate publicly, Prime Rate shall be the publicly announced prime or base lending rate of such bank, banking association or trust company bank as the Bond Insurer in its sole and absolute discretion shall specify. 

Repayment of draws and payment of expenses and accrued interest thereon at the Late Payment Rate (collectively, the “Policy Costs”) shall commence in the first month following each draw, and each such monthly payment shall be in an amount at least equal to 1/12 of the aggregate of Policy Costs related to such draw.

Amounts in respect of Policy Costs paid to the Bond Insurer shall be credited first to interest due, then to the expenses due and then to principal due. As and to the extent that payments are made to the Bond Insurer on account of principal due, the coverage under the Reserve Policy will be increased by a like amount, subject to the terms of the Reserve Policy. 

All cash and investments in the Debt Service Reserve Fund established for the Bonds shall be transferred to the Debt Service Fund for payment of the debt service on the Bonds before any drawing may be made on the Reserve Policy or any other Reserve Fund Credit Instrument in lieu of cash.

Payment of any Policy Cost shall be made prior to replenishment of any cash amounts. Draws on all Reserve Fund Credit Instruments (including the Reserve Policy) on which there is available coverage shall be made on a pro-rata basis (calculated by reference to the coverage then available thereunder) after applying all available cash and investments in the Debt Service Reserve Fund. Payment of Policy Costs and reimbursement of amounts with respect to other Reserve Fund Credit Instruments shall be made on a pro-rata basis prior to replenishment of any cash drawn from the Debt Service Reserve Fund. For the avoidance of doubt, “available coverage” means the coverage then available for disbursement pursuant to the terms of the applicable alternative credit instrument without regard to the legal or financial ability or willingness of the provider of such instrument to honor a claim or draw thereon or the failure of such provider to honor any such claim or draw. 

(b) Draws under the Reserve Policy may only be used to make payments on Bonds insured by the Bond Insurer. 

 (c) If the Issuer shall fail to pay any Policy Costs in accordance with the requirements of paragraph (a) above, the Bond Insurer shall be entitled to exercise any and all legal and equitable remedies available to it, including those provided under this Indenture other than (i) acceleration of the maturity of the Bonds, or (ii) remedies which would adversely affect owners of the Bonds.

(d) This Indenture shall not be discharged until all Policy Costs owing to the Bond Insurer shall have been paid in full. The Issuer’s obligation to pay such amount shall expressly survive payment in full of the Bonds.

(e) The Trustee shall ascertain the necessity for a claim upon the Reserve Policy in accordance with the provisions of paragraph (a) hereof and provide notice to the Bond Insurer at least three business days prior to each date upon which interest or principal is due on the Bonds.

(f) The Reserve Policy shall expire on the earlier of the date the Bonds are no longer outstanding and the final maturity date of the Bonds.

(g) Policy Costs due and owing shall be included in debt service requirements for purposes of calculation of the additional bonds test and the rate covenant in the Authorizing Document.

In addition, to the extent that the Issuer has entered into a continuing disclosure agreement, covenant or undertaking with respect to the Insured Bonds, all information furnished pursuant to such agreements shall also be provided to the Insurer, simultaneously with the furnishing of such information.

2.  All other provisions of Resolution #09-21 remain in full force and effect subject to the amendment.

3. This Bond Resolution shall take effect upon passage for the terms were authorized in Resolution #09-21 which is in effect.

Said motion was seconded by Member David and upon vote being taken the following voted AYE: Clark, David, Fish, Jorgenson and Parliament and the following voted NAY: None

ATTEST: Mayor

Finance Officer

 2021 HEALTH INSURANCE RENEWAL

Alderman Jorgenson moved Alderwoman Fish seconded to accept the 2021 health insurance plan SYV/TF2-M from Wellmark, as presented.  A roll call vote showed David, Fish, Jorgenson, Parliament aye; Clark nay.  Motion carried.

ODE FARM ADDITION PRELIMINARY PLAN

Alderman Jorgenson moved Alderwoman David seconded to approve the Ode Farm Addition preliminary plan, as submitted.  Motion carried.

 SALARY REVIEW AND ADJUSTMENT

Alderwoman Clark moved Alderwoman David seconded to approve the annual salary adjustment for Troy Hillman, to step 10-10 on the wage scale, $23.78 per hour, effective June 11, 2021.  Motion carried.

JOINT REPAIR PROJECT BIDS

The Street Committee report was heard.  Alderman Jorgenson moved Alderwoman Clark seconded to approve the bid from Big Al’s Contracting in the amount of $347,993.45 for the 2021 concrete pavement restoration and joint re-seal project.  This was the only bid received.  Motion carried.

AGREEMENT WITH BETHANY MEADOWS

The Water & Sewer Committee report was heard.  Alderwoman Fish moved Alderwoman Clark seconded to approve the agreement with Bethany Meadows to pay them $15,148.54 in over charges resulting from a faulty meter.  Motion carried.

WATER TOWER PROJECT MATERIALS TESTING PROPOSAL

Alderwoman Clark moved Alderwoman David seconded to approve the proposal from GeoTek for the water tower construction materials testing services in an amount not to exceed $17,500.00 without prior authorization from the City.  Motion carried.

At 7:16 p.m. on a motion by Alderwoman Fish seconded by Alderwoman Clark the meeting was adjourned.  Motion carried.

Published once at the approximate cost of $197.40

June 16, 2021

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The Brandon Valley Journal

 

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